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OF 



HON. WILLIAM R. KING, 



OF ALABAMA, 



j 



ON THE COMPROMISE BILL, 



IN SENATE, JULY 19, 1850. 



WASHINGTON CITY, 
1850. 



riving additional security, inasmuch as record 
evidence, when it could be obtained, would be 
cted mote in the free States to which the 
fugitive bad Bed, than any other kind of evi- 
dence. But further than that, it relieved the 
owner of the slave from die necessity of taking 
nswith him to establish the identity of 
the slate. This accumulation of eVidencjB does 
I.. I prevent the pursuit of the slave : not at all: 
. u n. r of the fugitive dave maj obtain it or 
not, aa maj be naosl convenient to him. It was 
udered to be accumulative and therefore to, 
additional facilities to tin- owner of the 
in obtaining hi* property. Sir, there was 
er motive, which perhaps was a ven proper 
■ r into the consideration of this sub- 
ject It is that wherever the law was to be 
ited, it is of the first importance that the 

ael.t of the country should not he shock,-.! 

by tie execution of it. but that it should chime 
hi. as far as possible, with the feelings and even 
prejudices of the people. It was supposed that 
this evidence would command the high respect 
of the people generally, and thereby facilitate 
the recoverj of the fugitive. Hut even if this 
bill is defective, 1 know that gentlemen from 
the free States — from ope portion of the com- 
munity, from one portion of the country — I 
mean the Democracy of the Northwest, Stand 
prepared to ma- e it as stringent as any Southern 
man requires it to be made. BO as to insure the 
purpose intended to he accomplished, and to 
render it as effective as possible. 

Therefore, I think that my honorable friend 
should he Satisfied with the hill as it now stand.-,. 
until it properly comes up for consideration and 
amendment. Then any suggestion that will 
give strength to that bill, so as to enable the 
slaveholder to recover his property, guaranteed 
to him by the Constitution of the united States, 
would be admitted bya large majority of the Sen- 
ate. 1 pass l>y that question. 1 gave my assent to 
reportiii'_ r this hill, believing with day .Southern 
friends, that we were arranging it in such a way 

aa was best calculated to effect the object we 
had in view. We were desirous, and our North- 
ern friends were willing that We should do 

everything in our power to render the bill effec- 
tive and satisfactory. Mr. President, the next 

subject to which I WOUld call the attention of 

the Senate, is immediaicly connected with the 
subject matter before aa; and it is, perhaps, 
one of the most difficult points to settle which 
is likely to come under our consideration. It is 
a point about which there is a great diversity of 
opinion; it is a point about which gentlemen 
may reasonably and honestly differ. Sir, { find 
myself differing from some of my political 
friends — my personal associates — gentlemen for 
whose opinions I entertain as high a respect as I 
can powubly entertain for those of any Senator 
on this floor. 1 believe I have said before, and 
I repeat it OOU — 1 b ilieve '.hat under all th ■ cir- 



cumstances connected with the annexation of 
Texas to the United States, her claim to the. 
boundary which she has established for herself 
LG rendered so perfect that, without a violation 
of good faith upon the part of the United State*, 
she cannot be justly deprived of it. Sir, that 
question has been discussed with an ability 
much greater than I could bring to bear upon 
the discussion, if I was disposed to go into its 

consideration. I will not do so. 

I put it upon the ground upon which it ap- 
pears me to rest, and that is the claim of Texas 

to the boundary of the Rio Grande, from its 

sources to its mouth, is rendered perfect by the 

course of the government <•( the United States 
itself, she having undertaken to establish that 
boundary b\ negotiation with .Mexico, and hav- 

Ulg acquired the disputed territory by conquest, 
cannot justly retain it. Well, sir, if that opinion 
was general, if we could find a majority of the 
people of our country in favor of it, all difficulty 
would be out of the way. Texas is satisfied to 
keep her territory. She only asks that Congress 
si i aid allow her claim. Hut we know, we can- 
not disguise the fact, that there is a great diver- 
sity of opinion on this subject. There are many 
persons, not in the North, not in the West, not 
in the Northwest, merely, hut even in the South, 
who have great doubt with regard to the claim 
of Texas being such as she could sustain cither 
in Congress or in the courts if it couIdffO there. 
In that state of things, what is host to he done? 
It is a disputed question, ami one which I must 
take for granted can be reasonably disputed. 
Many persons entertain an opinion as strong, 
adverse to the claim of Texas, as my own opiniOH 
in favor of it. Well. sir. in this condition of 
things, with this disputed boundary on the part 
of Texas, does it not behoove us to endeavor to 
do as substantial justice as possible to that State, 
and to prevent the difficulties — which, I must 
honestly say. although with regret, have been 
augmented and rendered threatening by the 
action, ami what I COnsid< r the improper action, 

of the Genera] Government, to prevent the difli- 
cuities growing up in that quarter, and going on 
increasing e\ cry day .' Is it not, therefore, bettor 
that we should give to Texas a reasonable com- 
pensation for th.- relinquishment of any claims 
she may have to the territory, or any portion 
thereof, and settle then the question at once and 
forever. Now, sir. I know very well that, with 
many of our Southern friends, this is the great 
Stumbling block in the way of any adjustment 
of this question. Sir, did I helievethat, by pur- 
chasing any portion of the territory of Texas, 
we were to do what gentlemen tell us to hi' done 
— namely, that any portion of what I believe to 
be now a part of the territory of Texas, and 
therefore slaveholding territory, was to be con- 
\erted into free territory— I would not consent 
to it. But 1 beKeve the opinion of the ablertt 

constitutional lawyers of the land would sustain 



me in the assertion that, as that territory is pur- 
chased, and you pay an equivalent to Texas tor 
it, the laws of Texas will remain operative on it, 
because, by purchasing and paying for the chum, 
you recognize the right, and thus admit the fact, 
that this Is now a portion of the territory of 
Texas. Hence the laws of Texas must continue 
to be in force in the territory ceded, unless they 
be repealed by some subsequent legislation. I 
wish to speak plainly upon this subject. If this 
opinion is correct, then, whatever may be the 
operation of the Mexican laws in other portions 
of the territory of the United States acquired 
from Mexico — a point which I do not propose 
to consider — whatever may be the operation of 
those laws elsewhere, it is certain that in this 
territory purchased from Texas they will have 
no operation whatever — the slaveholding laws 
of Texas having been attached. What then, is 
to prevent — provided the soil, climate, and pro- 
ductions, authorize doing so — what is to prevent 
the slaveholder from moving into that territory, 
if he thinks proper to do so ? and being protected 
by the territorial laws, until the people them- 
selves shall determine to form their constitution, 
when they can prohibit, or continue to tolerate 
the institution as they see lit. 

Is there, any difficulty in the way 1 ? I will ask 
any honorable senator who may entertain any 
doubt upon this tubject, to state what the diffi- 
culty is, or how any Mexican law, or any other 
Saw now existing, can prevent the slaveholders 
from going into this territory with their slaves, 
if they choose to do so ? Well, Mr. President, 
Texas has manifested a willingness to settle this 
question upon a reasonable basis, by relinquish- 
ing her claim for a competent compensation, to a 
portion of her territory. Can it be supposed 
that the Representatives of Texas would sacri- 
fice the rights of that State by giving up their 
territory, to be taken from the jurisdiction un- 
der which it now is, when they and all others 
can now go and take their property of whatever 
description, and, in consideration of a few paltry 
dollars, consign it to restrictions disadvantage- 
ous and offensive to her, as well as to all the 
SouthernStat.es] No, sir, no! Sir, the com- 
mittee that reported this bill never for a mo- 
ment supposed that they were laying the slight- 
est temptation in the way of any one calculated 
to influence their votes/and they did not sup- 
pose, they were likely to carry a single vote one 
way or the other, by means of the compensation 
to be given to Texas for the cession of her claim. 
Texas prefers to retain her own territory. Give 
it to her, and she will be content .md ask no- 
thing more. But if you think it best to pur- 
chase it, Texas consents to sell for the benefit of 
the whole country, and for the restoration of 
the peace and harmony of the Union. For these 
reasons, Mr. President, I believe that this meas- 
ure would have the effect to settle a difficu' 4 , an 
exceedingly difficult subject, and wliich, if not 



settled now, no man can foresee where it will 
terminate. I was in favor of retaining that pro- 
vision, in order to settle the boundary of Texas. 
Sir, I care not whether the western boundary of 
Texas on the Rio Grande conflicts with the 
boundary of New Mexico, Chihuahua, or Tam- 
aulipas. It is a matter of no importance what- 
soever. We can establish a line certainly in any 
territory that we possess ; and if we think pro- 
per to annex any portion of it lying contiguous 
to a State, it is certainly in our power to do 
so with the assent of such State, as in the case 
of Missouri. How did she get that bcautful 
section of country lying upon the Missouri river? 
It was by an act of Congress annexing it. And 
so, sir, 1 say that all arguments founded upon 
the ground that we are cutting off this portion 
or that portion of the territory of New Mexico, 
or that we are breaking up or disregarding old 
Mexican lines, have no influence whatsoever on 
my course or opinions. It is for us to decide, 
under the circumstances of the case, what limit 
we consider to be right now, and to settle upon 
that as the line. 

One amendment., Mr. President, I shall re- 
quiie, to put an end to all doubt or cavil, and 
that is, that a clause be inserted by which the 
right of Texas to divide the territory which may 
remain to her, into the number of States desig- 
nated by the compact for her admission into the 
Union., shall be expressly recognized and admit- 
ted. The next portion of the bill, as reported, 
provides for the establishment of territorial gov- 
ernments for New Mexico and Utah. This por- 
tion of the bill was prepared with a view to ac- 
cord with the principles of non-intervention, as- 
contended for by the South. The boundaries 
being fixed, Mr. President, it became necessary 
to determine what kind of a government should 
be established for those territories, and what re- 
strictions imposed, if any. The bill itself, as 
reported, contained a phraseology by mistake, 
which was adopted from the Clayton Compro- 
mise bill, but which has been modified so as to 
correspond with the amended language of that 
bill, by the amendments of my honorable friend 
from Georgia, (Mr. Berrien.) The tenth sec- 
tion, which specifies what the legislative powers 
of these territories shall be, is as follows: 

"That the legislative power of said Territo- 
ries shall extend to all rightful subjects of leg- 
islation, consistent with the Constitution of the 
United States and the provisions of this act; but 
no law shall be passed interfering with the pri- 
mary disposal of the soil, nor in respect to Aj- 
rican slavery ; no tax shall be imposed upon the 
property of the United States ; nor shall the 
lands and other property of non-residents be 
taxed higher than the lands and other property 
of residents. 

All the laws passed by the legislative assembly 
shall be submitted to the Congress of the United 



Nut. b, and, if disapproved, shall be null and of 
i i." 
Now, air, whj was this provision amended? 
honorable Senators will perceive that the fursl 
part ■ Lion gives to the territorial legis- 

lature, all rightful legislation under the laws and 
Constitution of the United States, but the pro- 
hibition with r. African Blaverj would 
have prohibited the territorial legislature from 
protectii »f thai discription if found 
in the territory. But thi Senate of the United 
Stat - i amendment, striking out thai 

m which restricted them, and thus l< 
the j ■ bs all municipal regulations ne- 

, for the pi'.;., lion ol over] discriptii 
srty, prohibiting them only from passin 

tm of Blav< ry, or the pro- 
'. i I I in tills 
itructiou? [flam, then whal isthe objec- 
tion that my honorable friends make to thai pro- 
iii our propert] if we 
' tliink that we are protected. 
1 tliink that the terrritorial legislature would 
have - an] law which should be 

>s of 
erty, bul that they are bound on the other 
ation to protect prop- 
tion. Now. it' 1 am m 

Con- 
cific. Donottellme, 
ican law - come : ', 

ion of 
propei ihibited by Mexican 

lation : fori have no doubt as regards the 
if the Mexican laws, and if 1 hac 1 an] 
doubts, they have been entirely removed b 
able, and i tents ofthe 

honorable 5 ' fr. Soi i.i:. | 

—none whal wer. I ' ' eh i move 

;v of thai di wription to an 
i i 

tence 

could intei le orpreveril me. Sir, 

I that propi ' Beit so; 

but our peoj !e ore They can be 

mad are the lav s 

It' it [have no fear 

tever of the result. If I am « rong, li 
. rrojt be pointed out I know there i n 
• 
their wiah< a, their d< 

habited ; bul I am d< ckled 
opinion — and I d 

u -truetion pul upou tlie bill difl' 
from whal other gentlemen maj consider to be 
ins of tin' bill vi\ c u.s 
theprotection w aich we demand. Mr. Pn sideut, 
I promised to be as bri< f as possible ; 
come now to ii,.- prii ciple obj< d w Inch induced 
me to say a word to the Senate. I have been 
ious from the commem ement, as 



I have stated over and over again, to see thus 
unfortunate question settled in. such a way as to 
protecl the rights of all the citizens ofthe United 

States; to take t'roin none what they are fairly 
entitled fco under the Constitution, and to give to 
all that participation Which they have j right to 

ask as citizens. From the commen ei lent of 
this whole matter, to every individual who 
thought proper to ask my opinion. I have stated, 
thai the boun lary of the State of Ca ifornia,as 

died, was an insuperable objection to my 

mind. It is not necessary to go into any exami- 

the exteul of the country that is taken 

by a few individuals — [mm ew in- 

uals — stationed at Monterey and and S 
Francisco, and a \r\v scattered upoi the line — 
an extenl of couiitry which there is not a 
man in this Senate. 1 venture to say, would mark 
out as the boundary of any Sta map 

was laid before him. and he had I ation 

of the boundary himself; not one. If there had 
been no action upon the part of California, and 
we had been ahoul to prescribe the lin its for a 
State, and to authorize her to form a constitu- 
and State go . what should wedo .' 

Id \ "ii not give he li limits ] 

Would you not give her limits similar to 
granted to the largest States in the U Lim- 

dch would enable hi c to pei for n the duties' 
that apperti . tainl] 

you would. Then w I ition 

I ifortu ' 
ident, the reason is too a] 

iscd; ami I f 11 a littli . ! thus i i ess, -. u 

time ago, when my h file id from llli- 

vs] with 1 . I elo- 

. s characterize him, 

thought proper to intimate that the objection of 

South to the admission of < alifornia wae 
because she prohibited slavery. Was thai j 
Was it fair '.' Did it fi irh repres 
expressed by honorable Senators from the South'* 
Not so; cortainlj not. We were prepared from 

sgining, I believe 1 may say — a.\d 1 - 
of tnosl of the Southern men, and probabtj oi 
all — to waive the mi nj objei regu- 

larity and informalities — objecti . u ider 

other circumstai ■ . - insuper- 

able. 

lint. -in order to [jel clear of this unati 

ttou ii' practicable, without - erilicing 
i pur pari, we were prepared to ad- 
mil California, with proper lint ig all 

tions. I know that the question will arise, 
whether, if her limits are restricted, you can 
her instantaneously. Tin stion 

of considerable doubt. ! have entertained the 
opinion that such admission might take place, 
thougli I musl confess thai Ihc pre edenti are 
. | i insl me. as in the case of towa, and Micliigan 

Arkansas. Mr. President, what! desire — 
and my amendment shows m\ d - o give 

lifornia a boundary, natural in itself, rery 



extensive : giving her all the facilities thai :t 
State ought to have, and, in truth, preventing 
what may take place hereafter, if the whole 
country is thrown into one empire ; preventing 
what gentlemen seem very anxious to prevent. 
the setting up of these people for themselves. 
When yos give them such an extended territory 
of 1,000 miles upon the Pacific, you take a step 
that more endangers the loss of that portion of 
the country than any other you could possibly 
take. It is an empire of itself. It takes all the 
front. It leaves all the rear dependent upon 
them, to unite with them and make common 
cause. Whatever that front, commanding as it 
must the most valuable trade of the world, deter- 
mine upon, the whole interior must acquiesce in. 
If you divide that front, you divide the interest. 
You make your possessions much more secure, 



body and that of the House of Representatives. 
Let them determine to withhold from tke 
South all participation in any portion of the ex- 
sive territory included within the proposed limits 
of California. To admit it as a State with such 
unreasonable and inconvenient limits, merely 
because the people there have been induced by 
a government agent to apply what is tanta- 
mount to the Wilinot ■ I'roviso ; let them deter- 
mine (in that, and God knows when the peace 
of this country will be established, and contro- 
versy and agitation terminate. My proposition, 
Mr. President, is to take as the northern boun- 
dary of the State of California, the 42nd paral- 
lel of latitude, which is the southern boundary 
of Oregon ; to follow that parallel until you 
reach the summit of Sierra Nevada ; pass along 
the crest of that until you come to latitude 35 



and you benefit the people themselves ; for they : degrees, 30 minutes. I fixed upon the latitude 
can discharge their duties better as citizens with 35 degrees, 20 minutes, because it is a moun- 
two governments, than if obliged to travel GOO tain range, which leaves the lake, Tullans, which 
or 700 miles in order to get to the seat of gov- is in some measure the head waters of the San 
eminent, passing almost impassable barriers, Joaquin. It is to throw all the waters that run 
the mountain range. I would ask honorable \ west of the mountains of Sierra Ncveda into 
Senators, over and again, to say to me. the territory of California, which I propose to 

I speak of those in favor of admitting Calil- form into a State. It is not only necessary for 
fornia with her present extent of limits — to say ! senators to look at the map, to see that it is a 
to me and to the. country, as independent, as ] natural boundary. It is one that, if they had 
frank, as honorable men. and as senators of the j been going themselves to arrange the matter, 
United States, whether they would vote for that j looking upon the whole territory, and no -ction 
territory, as extensive as it is marked down j having been previously had, they v .,ul ; in all 



here, to be a State, if slavery was not prohibited. 
Will any man answer me that ? I do not be- 
lieve there is a man in the Senate that would 



human probability have fixed upon. The terri- 
tory I propose to include in the limits of the 
State, is upwards of ninety thousand square 



vote for it. Then, is it not asking too much of ' miles ; so that in truth it will be the largest 
the Southern States, who are disposed to yield j State in the Union. It is more than twice the 



all that they can, I honestly believe, consistent 
with honor and essential rights, to settle this 
question ? Why, I ask, will you not give us 
ground to stand upon ? We shall be asked, 
perhaps — why insist upon a division ? for this 
whole country is not fitted for slave labor, and 
you will have two free States instead of one. 
That is not the question. Be it so. If the 
country is not fitted for slave labor, if owners of 
slaves do not go there, if those in favor of a 
free State settle the country, after giving them 
a territorial government, in sufficient numbers 
to justify its coming into the Union, we of the 
South have no objection. Let it be free. Can 
anything be fairer ? If there is anything unfair, 
unjust, illiberal in the proposition I make, I 
wish it to be pointed out ; and I assure senators 
I will modify or change it, or give it up, pro- 
vided it shall be made to appear wholly wrong, 
in order to place the whole matter upon just and 
liberal terms. God knows I do not wish to see 
the contest continued. God knows that it is 
my desire to see it brought to a pacific termina- 
tion. Whether it will be so or not depends 
upon the action of Congress. I tell senators I 
speak what I know. Whether it is to be peace- 
fully adjusted depends upon the action of this 



size of the State of New York, as my honora- 
ble friend near me, (Mr. Douglas) remarks. 
If you look upon the coast, it has the distance 
of upwards of six hundred miles — between six 
and seven hundred miles. Mr. President, I have 
offered this proposition with the most sincere 
and ardent desire that it will meet with favor on 
the part of the Senate, of the United States, and 
ultimately upon the part of the House of Rep- 
resentatives. I have done it, as I have stated 
before, differing with my own friends as regards 
other parts of the bill. I am prepared to risk 
my own standing and position in that section 
from which I come, in order to try and settle 
the question. Defeat this amendment, and I 
shall be compelled by the strongest obligations 
that I owe to myself, to my own section, and I 
believe the whole country, to go against the 
bill. 

I know, sir, the objection in the minds of many 
individuals to fixing this boundary for California 
results from their unwillingness to send back 
the senators and representatives now elected 
from what is called the State of California. 
Well, sir, if that be the opinion of the two 
houses of Congress, that the curtailing of the 
limits produces that necessity, then I appeal to 



•, 



s 



whether Uicy c:m jeopard the pacifica- 
tion of a measure bo important to the peace and 
harmony of the country, not to say of the Union 
t, simply because four individuals will be 
prevented from taki:iL r Um ir s< its in one ..> r the 
other branch ofCongres during a few weeks. 
For myself— and 1 say it in p rfi cl aini erity and 
truth — I would just as soon have these gentle- 
men elected from California, us senators and rc- 
rresentatives, as an) othi ra. Witli the senators 
have a persona] acquaintance ; but not so with 
! have a knowl- 
edge — aid [speak with sincerity — there are bo 
men from California whom I would rather see 
occupy the station tl an the two gentlem -n who 
Were sleeted. There is no fi eung, then 
upon my part — no d atever to exclude 

them. If they can be admitted with the under- 
standing that you can limit their boundaries, and 
also include their admission — if that caii be the 
. -.ir, 1 acquiesce in it. If, however, it is 
otherwise, I put it to senators to say whether 
they will jeopard this measure and brave all the 
consequences tliat will result from it. Gcntle- 
mi'ii may v. ink as hard as the) please, but thev 
cannot .shut their eyes to the difficulties by which 
they are surrounded. If it cannot be done, and 
gentlemen are determined to persevere, I shall 
Bave done i.iy duty to the Senate, and, as 1 be- 
lieve, to the whole country. I much fear, with 
the very best intentions hi the word on the part 
of many Senators, and a heartfelt desire upou 
their part to do what 1 Wish them to do, yet that, 
such is the force of circumstances, my amend- 
ment will be d< featcd. Ifit is, sir, 1 can only 
Bnj that on others 1 heads, and not on mine and 
those who are acting with me, will rest the con- 
sequences. We -shall have done all that we can 
do to quiet the public mind, to do justice to all 
sections, in order to Btop the agitation of those 
unfortunate questions which are blinding men 
to consequences, arousing angry passions, and 
threatening the most deplorable results. 

I was going to remark, Mr, President, that 
when this amendment shall bo disposed of, I 



should propose to strike out the second section 
of the- hill, iii these words : 

•• That until tne representation in Congress 
shall he apportioned according to actual enu- 
meration of the inhabitants of the United States, 
the State of California shall be entitled to two 
representatives in Congress." 

I will say why J propose to strike out this 
section. There are gentlemen in the Senate, I 
know, who entertain constitutional difficulties 
with regard to fixing the representation. I have 
great difficulty myself on that very point. I did 
believe that the Constitution of the United States 
gave hut one represesehtative to a State until 
an actual enumeration was made, and it was as- 
certained by that enumeration that they were 
( rititled to more. According to the ratio of 
representation now, I have my doubts whether 
that is strictly correct, although the able argu- 
ment of my friend from Georgia [Mr, Berrien] 

has never been fully answered. Be that as it, 
may, in order to relieve gentlemen from all dif- 
ficulty upon the subject. I shall propose to strike 
it out, in order that the two Ileuses may settle- 
that matter for California, if she is to be ad- 
mitted, they judging of the qualifications 6f their 
respective representatives, It is therefore un- 
necessary to say that they shall have a certain 
number. 

I beg pardon, sir, for having detained the 
Senate much longer than I ink uded. i have felt 
so desirous of being placed in a position in which 
] could suppport a measure which professes and 
which ought to be one of pacification and com- 
promise — yielding something on all sides, in 
order to bring about an adjustment — that I have 
perhaps consumed more time than I ought in 
endeavoring to enforce upon gentlemen the ne- 
cessity of yielding in this case, and forming a 
proper limit to the boundaries of California. It 
will be with Senators 1o act according to their 
consciences in relation to this amendment ; but, 
whatever course they may take. I can only say t 
have discharged my duty. 



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